Professional Documents
Culture Documents
SCHOOL PREGNANCIES.
RELEVANT LAWS
1. The 1995 Constitution Of The Republic Of Uganda.
2. The Children Act Cap 59
3. The Education (Pre-Primary, Primary And Post Primary) Act, 2008
4. The Universities And Other Tertiary Institutions Act, 2001
5. The Business, Technical Vocational Education And Training Act, 2008
6. The Uganda National Examinations Board Act 1983
7. The National Curriculum Development Centre Act 1973.
RELEVANT POLICIES
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BY;
CHANWAT BRIAN GEOFFREY
LLB (Hons) UPU.
Tel; 0776118350/0756864069
Email; briangeoffrey15@yahoo.co.uk
EARLY PREGNANCY.
There is no
mechanism where under the schools are obliged to take action in such
cases. This is the reason why different schools have handled the matter
depending on their orientation and foundation as well as teachers in
charge, parents, governing bodies and communities seem to devise various
means to address the challenge.
There are various laws that have been passed in Uganda to in order to
prevent sexual offences in the country. These laws have helped to shape
legal administration in regard to sexual matters. They protect girls from
early sex and penalize coerced sexual intercourse and forced marriages.
A few of the laws to consider looking at include the following.
THE PENAL CODE ACT CAP 120
This is the law that establishes the code of criminal law in Uganda. It
protects the underage from sexual encounter by incriminating and
punishing any person who unlawfully has sexual intercourse with a girl
under the age of eighteen years.4
It further deals with any person who procures or attempts to procure any girl
or woman under the age of twenty-one years to have unlawful carnal
connection, either in Uganda or elsewhere, with any other person or
persons; procures or attempts to procure any woman or girl to become,
either in Uganda or elsewhere, a common prostitute; procures or attempts
to procure any woman or girl to leave Uganda, with intent that she may
become an inmate of or frequent a brothel elsewhere; or procures or
attempts to procure any woman or girl to leave her usual place of abode in
Uganda, such place not being a brothel, with intent that she may, for the
3
4
This Act has a policy on the provision of education and training and it
emphasizes that the provision of education and training to the child is to be
a joint responsibility of the State, the parent or guardian and other
stakeholders and the basic education shall be provided and enjoyed as a
right by all persons. The financing of education shall be through fees,
grants, donations, training levies, education tax, and any other means as
deemed appropriate by Government. Religious studies shall form part of the
curriculum in primary and post primary schools. This is in line with the other
laws of Uganda that provide for the provision of education.7
This act however is silent on the part of the children who are in school as it
basically concentrates on the management bit of schools other than the
pupils/students enrolled. The interests of the students are not emphasized
are because the students dont really have a way of reporting such matters
to the administration in cases where the childrens rights are violated.
THE CHILDREN ACT CAP 59.
This is an Act meant to reform and consolidate the law relating to children.
Its mainly to provide for the care, protection and maintenance of children;
and ensure that the local authority provide support for children. It further
establishes a family and children court and makes provision for children
charged with offences and for other purposes.
The Members of the community who have evidence that a childs rights is
being infringed or that a parent, a guardian or any person having custody of
a child is able to but refuses or neglects to provide the child with adequate
food, shelter, clothing, medical care or education to report the matter to the
local government council of the area and the secretary for childrens affairs
may, upon receiving the report must summon the person against whom the
report was made under; and a decision shall be made by the secretary for
childrens affairs in the best interests of the child.
The people whom the reports are made against must comply with the
decision made by the local authority or secretary for children affairs. The
7 Ibid Section 4
forcefully marry off the girl to the alleged sexual offender. This mainly
happens where the perpetrator doesnt escape or denies the victim.
Most of the girls who get pregnant during school are all below the age of 21
years. Most people whose children get pregnant in school have a tendency
of marrying them off to the perpetrators. Marriages are arranged and girls
bride price paid off. This is in contravention of the law on marriage in
Uganda because there is the element of age.
The issue that many policies dont align is the way forward for such
occurrences, majority of these people always walk away scotch free and the
girls education stopped. This is in most times against the will of the girls.
The law is however silent on age of consent for the marriages in regard to
the girls.
Where there is underage marriage, it amounts to an act of defilement
because under our laws, any person who unlawfully has sexual intercourse
with a girl under the age of eighteen years commits an offence and is liable
to suffer death as a punishment.10
Other policies that acknowledge early marriage as a negative practice
include the 2001 National Youth Policy that expressly acknowledges the
right of youth to marry at the legal age of consent and pledges to promote
the enjoyment of this right. The policy puts much emphasis on the sexual
and reproductive health as a way of controlling the population.
THE PREVENTION OF TRAFFICKING IN PERSONS ACTS OF 2009
This is another of the Acts that prohibits trafficking in persons, creation of
offences, prosecution and punishment of offenders. It is mainly to prevent
the vice of trafficking in persons, protection of victims of trafficking in
persons, and other related matters.
with
their
special
needs,
especially
with
regard
to
POLICIES
There are a few government policies with no definite policy on pregnancy in
schools
though
the
practice
varies
considerably.
Different
schools
strategies
to
ensure
equity
in
access,
achievement,
delivery
and
individuals,
communities,
leaders
and
service
providers
This policy has set up targets to reduce the number of women who have
their first child before 20 years. This is because the problem has been
persistent in the previous years hence need to address the matter.
It must be noted that most of these policies that have been passed are
mainly documentary in nature and no actual implementation at the
grassroots in these rural communities.
There has been no legal redress for the victims of these acts. A few of these
offenders have been dealt with under the criminal procedure in Uganda for
the various offences such as defilement and other children related offences
under the Penal Code Act Cap 120 and other laws thereto for the and the
perpetrators held accountable